THE PRINCIPLE OF RESPECT FOR HUMAN DIGNITY AND END OF LIFE DECISIONS: A EUROPEAN PERSPECTIVE
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Module
E PRINCIPLE OF RESPECT FOR HUMAN DIGNITY
Institution
E PRINCIPLE OF RESPECT FOR HUMAN DIGNITY
4. Human dignity and end of life decision-making:
the individual’s right to choose freely and
autonomously his or her own destiny
So far this article has emphasised that European legal systems are built
on ethical foundations, underpinned by respect for human dignity, which
justify, inter al...
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,CONTENTS
CONTEMPORARY ISSUES IN LAW
VOLUME 14 ISSUE 1
Published by Lawtext Publishing Limited – www.lawtext.com
END OF LIFE DECISIONS
EDITOR’S INTRODUCTION vii
THE PRINCIPLE OF RESPECT FOR HUMAN DIGNITY AND END OF
LIFE DECISIONS: A EUROPEAN PERSPECTIVE 1
Vincenzo Pacillo
Even if respect for human dignity is a primary principle shared by all
European democracies and constituting a foundational pillar of European
constitutionalism, there is no common conception of ‘dignity’. Moreover,
one of the most vexing issues facing the jurist is balancing the relationship
between the right to human dignity and exercise of self-determination. This
article aims to demonstrate how the principle of respect for human dignity
has a clear juridical definition, implying a general guarantee of moral
freedom, intended as the right to live one’s life in harmony with one’s
moral convictions and commitments. The right to moral freedom is linked
to the individual’s right to freely and autonomously choose his or her own
destiny, which may be limited only in order to preserve the ‘core content’
of nursing and medical ethics. This choice exemplifies a soft paternalism,
resulting in precepts and prohibitions which do not in any way infringe
the principle of personal responsibility, as they are based on plausible
assumptions held by the vast majority of citizens and are, further, targeted
at seeking to preserve society’s most fundamental and cherished values.
These limits may shift over time, but the process of change must necessarily
result from a consultative process involving all relevant stakeholders.
, iv CIL 14 Contemporary Issues in Law
NICKLINSON AND CARTER: THE DISCRIMINATION AND EQUALITY
PROVISIONS IN ASSISTED SUICIDE 21
Glenys Williams
Although Canadian courts’ and legislative provisions are constitutionally
distinct to those which operate in England and Wales (for ease of reference
referred to as ‘the UK’), an examination of two cases from each jurisdiction
will show that there is nonetheless sufficient similarity between them to
be able to make a valid comparison of the key factors which have been
considered in deciding whether legislation which imposes a blanket ban
on assisted suicide infringes fundamental rights protected by, on the one
hand, the Canadian Charter of Rights and Freedoms and, on the other, the
European Convention on Human Rights. The particular focus here is on the
equality provision contained in s15 of the Charter in light of the Canadian
cases of Rodriguez (1993) and Carter (2012-15), and the discrimination clause
in Article 14 ECHR in the context of the UK cases of Pretty (2001-2) and
Nicklinson (2012-14). Although there is still some way to go (especially
in the UK), it will be seen that judicial perception as to what is meant by
discrimination has changed significantly, and for the better, during that
time.
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